Part C. So You Didn’t Make Rent this Month? Recent New York Legislation Protects Your Rights
Day 1-6 of Not Paying Rent –Notification & Late Fee
A landlord must notify the tenant via certified mail, within 5 days of the rent due date. Late fees may not be charged until the sixth day after the rent was due. The maximum late fee is restricted to either $50 or 5% of the monthly rent, whichever is less.
Day 6-14 –Legal (Eviction) Proceedings
A landlord must make a demand for rent in 14 days prior to the proceeding. Oral demands are permitted but will not count for purposes of a legal demand. The tenant will have 10 days to answer the demand or be in default. The tenant may also pay the rent prior to the proceeding, in which case the landlord would not be able to continue with the proceeding.
A Landlord May Not Use the Following Methods to Evict a Tenant
- Using or threatening the use of force;
- Landlord conduct which interferes with the tenant’s comfort, tranquility, peace, or quiet in their unit; or
- Preventing or threatening to prevent the tenant’s occupancy of the unit (such as changing the locks).